AustLII Tasmanian Consolidated Acts

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CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 34

34. Procedure at family group conference

      (1) The facilitator must take reasonable steps to ascertain and provide to the family group conference the views of the following persons in relation to the steps that should be taken to ensure the care and protection of the child or in relation to the matter referred by the Court:

(a) the child (so far as his or her views are ascertainable) if he or she has not been invited, or refuses, to attend;

(b) those persons invited to attend the conference but who are unable to attend;

(c) any guardian or other family member who has not been invited to attend the conference but whose views the facilitator considers appropriate to provide to the conference.

      (2) At a family group conference convened under section 30(1), the facilitator must ensure that sufficient information as to the child's circumstances and the grounds for believing the child to be at risk is presented to the family group conference.

      (3) The facilitator must allow the child and the child's guardians and other family members present at a family group conference an opportunity to hold discussions in private for the purpose of formulating the family's recommendations in relation to the arrangements for securing the care and protection of the child or in relation to the matter referred by the Court if the facilitator thinks it appropriate to do so.

      (4) A family group conference should reach a decision by the consensus of the child and the child's guardians and other family members.

      (5) A family group conference fails to reach a decision unless all of the following persons agree:

(a) the child, if present and, in the opinion of the facilitator, capable of making an independent, rational and informed decision as to his or her own care and protection;

(b) the child's advocate, if one is appointed;

(c) the child's representative, if one is appointed under an order made under section 59;

(d) all the child's guardians that are present;

(e) the facilitator.

      (6) If the facilitator considers it appropriate, the facilitator may adjourn the family group conference from time to time and from place to place.

      (7) If the child does not have an advocate or a representative and the facilitator considers that it is in the best interests of the child to have the advice and representation of an advocate, the facilitator must adjourn the family group conference to allow for the appointment of such an advocate.



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